Applicant Name:  ?????

Application Receipt Date: 2008/05/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070305
Discharge Received: 			   Date: 070405   Chapter: 14       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Rear Det, 2-35th IN Bn, Schofield Barracks, HI 

Time Lost: Confinement/Military Authorities for 13 days (070111-070124), as a result of the court-martial sentence.

Article 15s (Charges/Dates/Punishment): 060401, wrongful use of d-methamphetamine between (060622-060706), reduction to E-4 and extra duty for 45 days (FG). 

Courts-Martial (Charges/Dates/Punishment): 07011, SCM, wrongful use of d-methamphetamines between (060930-061003), reduction to E-1 and confinement for 17 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 060209    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 01Mos, 14Days ?????
Total Service:  		06 Yrs, 09Mos, 08Days ?????
Previous Discharges: 	RA-000614-030615/HD
                                       RA-030616-060208/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 25U10 Signal Support System Spec   GT: 100   EDU: HS Grad   Overseas: Hawaii/Southwest Asia   Combat: Afghanistan (040605-050605)
Decorations/Awards: AAM, AGCM, NDSM, ACM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR-2, OSB-2, 

V.  Post-Discharge Activity
City, State:  Waianae, HI
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 March 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of methamphetamines between (060622-060706) and wrongful use of d-methamphetamines between (060930-061003), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 26 March 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would warrant upgrade of the applicant's characterization of service to general, under honorable conditions.  While,the analyst does not condone the applicant’s misconduct, there was a full consideration of all faithful and honorable service including the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  The analyst found that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient length and quality; to include his combat service to warrant an upgrade of the discharge being reviewed.  Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the  characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 February 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh, and as a result it is inequitable. The Board found that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient length and quality to include his combat service; warrants an upgrade of the discharge being reviewed.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.





 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007865
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